WVC 29 B- 1 - 4
§29B-1-4. Exemptions.
(a) There is a presumption of public accessibility to all
public records, subject only to the following categories of
information which are specifically exempt from disclosure under the
provisions of this article:
(1) Trade secrets, as used in this section, which may include,
but are not limited to, any formula, plan pattern, process, tool,
mechanism, compound, procedure, production data or compilation of
information which is not patented which is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce or compound an article or trade or a service or
to locate minerals or other substances, having commercial value,
and which gives its users an opportunity to obtain business
advantage over competitors;
(2) Information of a personal nature such as that kept in a
personal, medical or similar file, if the public disclosure of the
information would constitute an unreasonable invasion of privacy,
unless the public interest by clear and convincing evidence
requires disclosure in this particular instance: Provided, That
this article does not preclude an individual from inspecting or
copying his or her own personal, medical or similar file;
(3) Test questions, scoring keys and other examination data
used to administer a licensing examination, examination for
employment or academic examination;
(4) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and
notations of such law-enforcement agencies which are maintained for
internal use in matters relating to law enforcement;
(5) Information specifically exempted from disclosure by
statute;
(6) Records, archives, documents or manuscripts describing the
location of undeveloped historic, prehistoric, archaeological,
paleontological and battlefield sites or constituting gifts to any
public body upon which the donor has attached restrictions on usage
or the handling of which could irreparably damage the record,
archive, document or manuscript;
(7) Information contained in or related to examination,
operating or condition reports prepared by, or on behalf of, or for
the use of any agency responsible for the regulation or supervision
of financial institutions, except those reports which are by law
required to be published in newspapers;
(8) Internal memoranda or letters received or prepared by any
public body.
(9) Records assembled, prepared or maintained to prevent,
mitigate or respond to terrorist acts or the threat of terrorist
acts, the public disclosure of which threaten the public safety or
the public health;
(10) Those portions of records containing specific or unique
vulnerability assessments or specific or unique response plans,
data, databases and inventories of goods or materials collected or assembled to respond to terrorist acts; and communication codes or
deployment plans of law-enforcement or emergency response
personnel;
(11) Specific intelligence information and specific
investigative records dealing with terrorist acts or the threat of
a terrorist act shared by and between federal and international
law-enforcement agencies, state and local law-enforcement and other
agencies within the Department of Military Affairs and Public
Safety;
(12) National security records classified under federal
executive order and not subject to public disclosure under federal
law that are shared by federal agencies and other records related
to national security briefings to assist state and local government
with domestic preparedness for acts of terrorism;
(13) Computing, telecommunications and network security
records, passwords, security codes or programs used to respond to
or plan against acts of terrorism which may be the subject of a
terrorist act;
(14) Security or disaster recovery plans, risk assessments,
tests or the results of those tests;
(15) Architectural or infrastructure designs, maps or other
records that show the location or layout of the facilities where
computing, telecommunications or network infrastructure used to
plan against or respond to terrorism are located or planned to be
located;
(16) Codes for facility security systems; or codes for secure
applications for facilities referred to in subdivision (15) of this
subsection;
(17) Specific engineering plans and descriptions of existing
public utility plants and equipment;
(18) Customer proprietary network information of other
telecommunications carriers, equipment manufacturers and individual
customers, consistent with 47 U.S.C. §222; and
(19) Records of the Division of Corrections, Regional Jail and
Correctional Facility Authority and the Division of Juvenile
Services relating to design of corrections, jail and detention
facilities owned or operated by the agency, and the policy
directives and operational procedures of personnel relating to the
safe and secure management of inmates or residents, that if
released, could be used by an inmate or resident to escape a
facility, or to cause injury to another inmate, resident or to
facility personnel.
(20) Information related to applications under section four,
article seven, chapter sixty-one of this code, including
applications, supporting documents, permits, renewals, or any other
information that would identify an applicant for or holder of a
concealed weapon permit: Provided: That information in the
aggregate that does not identify any permit holder other than by
county or municipality is not exempted: Provided, however, That
information or other records exempted under this subdivision may be disclosed to a law enforcement agency or officer: (i) to determine
the validity of a permit, (ii) to assist in a criminal
investigation or prosecution, or (iii) for other lawful law-
enforcement purposes.
(b) As used in subdivisions (9) through (16), inclusive,
subsection (a) of this section, the term "terrorist act" means an
act that is likely to result in serious bodily injury or damage to
property or the environment and is intended to:
(1) Intimidate or coerce the civilian population;
(2) Influence the policy of a branch or level of government by
intimidation or coercion;
(3) Affect the conduct of a branch or level of government by
intimidation or coercion; or
(4) Retaliate against a branch or level of government for a
policy or conduct of the government.
(c) The provisions of subdivisions (9) through (16),
inclusive, subsection (a) of this section do not make subject to
the provisions of this chapter any evidence of an immediate threat
to public health or safety unrelated to a terrorist act or the
threat of a terrorist act which comes to the attention of a public
entity in the course of conducting a vulnerability assessment
response or similar activity.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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